The 8 Keys To A Successful Injury Settlement.


Posted almost 4 years ago. 5 helpful votes



Clear Liability.

If the facts, cause and fault of the accident are clearly known, and in your favor, you are likely to get a good settlement versus taking your case into litigation (i.e. filing a lawsuit in a court) and/or trial or arbitration.


Strong Medical Records and Treatment.

In personal injury cases, once liability is established against the other party, the medical records become the "Bible". They can make or break your case. It is important to seek appropriate medical care as soon as possible (preferably via ambulance from the scene to the emergency room), never miss any medical appointments, tell your doctors and therapists the truth and be thorough in describing all your symptoms, pain and limitations, and make sure you or your attorney has a complete set of medical records and bills related to your accident injuries.


Documented Property Damage.

It is true -- a picture paints 1,000 words. If your accident was the result of a car accident, trucking accident, motorcycle accident, it is very important that you have photos and/or videos illustrating the property damage your vehicle sustained, and if possible, even the property damage sustained by the at fault car, motorcycle or truck. This helps to document and prove the existence of the accident, the forces involved, and even the nature, direction and fault for the accident. Plus, if you were involved in a serious crash, there is nothing more concerning for an auto insurance company than knowing a jury could potentially see the damage done to the vehicle you were in at the time.


Bad Defendant.

What type of witness the Defendant may make at a trial of the matter is very important. If they appear callous, and seem to have a total disregard for the fact they injured you or your family, the jury will likely want to "punish" them by a significant financial award (i.e. verdict) against them and in your favor. Further, if the Defendant is a corporation or wealthy individual, the jury will be less worried about awarding proper financial compensation to you as the injured victim. If the Defendant was under the influence of drugs or alcohol, or was very reckless (e.g. very excessive speeds in an auto accident) it will cause the insurance companies to want to settle before trial. All of these types of factors relating to the Defendant often translate to higher settlements.


Good Plaintiff with a Compelling Story.

This is a tough subject. But, it is absolutely clear that truthful, sympathetic, believable and likeable Plaintiffs are more likely to get significant trial verdicts. As such, Defendants and insurance companies would rather not risk going to trial, and pay better settlements. This is especially true if the Plaintiff has a compelling or moving story about how their life has been changed or impacted by the accident and their resulting injuries. This is why it is imperative to hire professional, experienced and aggressive injury attorneys to build and present your case to the Defendant and/or insurance company for settlement and/or trial.


Skilled and Experienced Injury Attorney on Your Side.

If you are represented by a skilled and experienced injury attorney who has the resources, ability and determination to see your case all the way through trial, it will make it more likely that you settle your case and that you obtain just and fair compensation. Conversely, if you are unrepresented or represented by a "jack of all trades" lawyer, very young lawyer, or a lawyer who simply does not have the knowledge, skill and/or reputation to handle your claim against the insurance companies, this will usually reduce your settlement amount, and even make it less likely to settle your case in the first place.


Wage or Earnings Losses.

Insurance companies are concerned about claims involving well documented, provable wage or earnings losses -- especially if the losses extend into the future. These damages are tangible, calculable losses which can be awarded by a jury quite easily. They are concrete. The amount is a finite dollar figure, which if presented and proved properly by a skilled attorney, can really increase trial verdicts in favor of the injured party. Insurance companies are quite aware of this fact, and as such, will more likely want to settle cases involving wage or earnings losses - especially if such losses are significant and/or extend into the future.


Permanent Physical Impairment or Disfigurement.

A separate and specific category of damages in most states, and definitely in Colorado, is the category of permanent impairment. In other words, if your injuries will cause you pain, limitation or disfigurement into the future, you are entitled to financial compensation (i.e. damages). If you are relatively young, and you have suffered permanent injuries, this will generally be something the Defendant and/or insurance company will want to get settled without trial.

Additional Resources

Tenge Law Firm, LLC

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